CRPD Committee on Sweden and Azerbeijan

Today I woke up in the house in Ballens again, and after the same ritual as yesterday we went to Geneva by car, to join the meetings of the CRPD Committee.

In the morning the 3rd part of the CRPD Committee’s review on Sweden took place. The session started by the answers of the government to the questions raised by the Committee. The answers were nicely dressed up, but not very good. The Swedish government told us that the legal system for incapacity was abolished, and now there is a system where persons due to illness, mental disturbance or similar can appoint another person to assist them in decision-making, and in some cases this appointment can also be done by a court. This should be the least intrusive kind, adapted to the needs of the person (blablabla) which is often partial guardianship, but the Swedish government claimed “the person would still be able to take decisions over one’s own life”. (yeah right). It was also said that there was no lifetime detention of persons with disabilities “because persons detained in forensic psychiatry are subjected to a review every 6 months” (which can be prolonged and prolonged and prolonged…). Persons with so-called serious mental disorders who need care but refuse this, must be given care when they are a threat to others safety or physical or mental health. The goal of compulsory care is to provide the care needed and that the person accepts voluntary care. ECT was said to be “an evidence-based effective treatment for severe depression or when other treatment options are lacking, and in the professional guidelines it mentions a positive effect on persons at risk of suicide” (how horrible!!!). It was also said that “there are no mental institutions in Sweden, but persons receive care through hospitals and primary care in the health system” and “there were no data on violence in psychiatry”.

Then the 3rd and final round of questions from the CRPD Committee to the Swedish government started. The questions were about monitoring, the separation of mothers and children with disabilities (in general), about the intersectionality of discrimination of women and children with disabilities, personal assistance, accessibility, international cooperation, and some other issues. With regard to (forced) mental health care, Ms. Edah Maina, member of the CRPD Committee complimented the Swedish government for supporting Civil Society Organizations in the development of alternatives, such as the Personal Ombudsman, and asked whether in the care for mental and intellectual disabilities staff is trained in alternative communication methods. She then asked about the plans for a complete transition from forced treatment models to fully inclusive rehabilitation models in line with the CRPD. Another member of the Committee, Ms. Maria Cisternas Reyes, also asked for more information on the government’s follow-up regarding the first individual complaint that was ever submitted to the CRPD Committee, which was about reasonable accommodation. She asked how the decision was adapted and taken forward.

The government answers weren’t all equally interesting. I was only really interested in the mental health perspectives, so I was checking my emails during the session when it was about other issues. Then I saw I had received another complaint of someone suffering from the abusive psychiatric system, asking me for help. It moved me a lot, because I recognize the powerlessness in the call for help again. And I hate to say I am powerless too. I don’t want to give such an answer. I want to empower, but I don’t know any lawyer to refer to, which means there is no simple solution to get your rights (which for me was also the reason to go to the Special Rapporteur on Torture with my personal case). And because I am an activist, I receive complaints about psychiatric ill-treatment quite regularly, and with every complaint I feel the powerlessness hurting me. So when I read this email, I was moved and I left the session, because tears were in my eyes. I really had to cry and let it go, and become calm again. I sat outside on the terrace in the sun, nice and quiet. I had to get back on my feet, because I want to do something. I don’t want to admit that I am powerless too. I thought again: I need to study law. Because if there is no lawyer, I need to become one. But that will take so much time (and money). It doesn’t help me now. So my best shot would be to pretend that I am a lawyer, and write a firm letter with good arguments, a proposed solution and a solid foundation. And that’s the way I work. I am an activist. I re-reasoned my style again. It was like a 360, but then I was on my feet again. That sometimes happens, but that’s my life. I went back into the room of the session, but the answers from the government were almost done. And then it was lunchtime.

After lunch I went to the CRPD Committee’s review on Azerbeijan together with Hege. That was really interesting and also painful. First there was the NGO briefing, where the Non Governmental Organizations presented the issues of their shadow reports. It was obvious that there is hardly any accessible care system available, and that most persons with disabilities, whether mental, intellectual, deaf, blind, physical, were facing neglect and barriers, and were mainly regarded as “incapable” and therefore excluded and deprived of many rights.

After the NGO session, the CRPD session with the government delegation of Azerbeijan took place. First the CRPD Committee asked a lot of questions, and at the same time they gave a really detailed explanation and guidance to the interpretation of the standards of the CRPD. I really liked that, as it was surely helpful for everyone in the room, and for the people following the webcast. In the questioning on Sweden the Committee wasn’t so descriptive, as if they somehow expected a kind of “natural understanding”. But I dare to have doubts whether this is appropriate, because forced psychiatry is an invention of the so-called western/developed world so there may be no automatic good understanding of the CRPD standards. I think it would be good to explain the standards to every country. I also gave that as a feedback to the CRPD Committee.

The questions and answers on Azerbeijan were painful, because they revealed a lot of suffering and injustices. I have no special knowledge on Azerbeijan, so I found it interesting. I noticed that the dialogue was rather open, and the government obviously acknowledged the need for improvement. There was a sense of mutual efforts in the room, and the word “constructive dialogue” seemed adequate (but of course we know it all depends on the practice). There was no special attention for persons with psychosocial disabilities, but it was quite obvious that disability in general was stigmatized and excluded, and also severely marginalized, and the entire country faces a lack of resources and a post-war status, resulting in a lack of services and support for persons with any type of disabilities. It was obvious that Azerbeijan still has a long way to go, both in economic as in political rights.

Theresia Degener was really strong on the point of denying adoption to persons with disabilities. She said: “I have children myself and I don’t think that is harmful. They are not adopted, but I think it is similar”. That was so strong!! The entire room was moved, and most Committee members too. It really raised awareness. It was the most powerful remark of the day.

After the session we went to The Clubhouse, a bar nearby, where we met Mette and Liv who had been finishing their report for WSO Norway, their organization. Then Tina also joined us, who had been to the Social Forum on the rights of older people. Then Tina, Hege and I had an Indian dinner on a terrace, and then we went back to the Clubhouse. Then Cedric came to pick us up by car, and all 6 of us went back in a bigger car to the house in Ballens again. And of course we are still talking about psychiatry and activism non stop. It is amazing to have people around me who are the same in this way. It is a really great experience. Tomorrow we will move our stuff and sleep in the apartment in Geneva. Now it is again very late, and I need to go to sleep. It will be a short night again.
Good night!